This Land Ltd is trying to overturn Cambridge City Council’s decision to refuse to grant permission for plans to build new homes next to an oil depot.
A council owned development company is trying to overturn a decision of another council to block plans to build new homes next to an oil depot in Cambridge.
This Land Ltd, a development company wholly owned by Cambridgeshire County Council, has launched an appeal to try and get permission to build 12 new homes on land off Ditton Walk.
Cambridge City Council refused to grant permission for the development last year after “significant” concerns were raised about the impact of noise from the neighbouring oil depot on the people living in the proposed new homes.
Planning officers said they recognised that mitigation measures had been proposed by the developer to reduce the impact of the noise, including a 2.5metre or 3.5metre high fence along the boundary between the depot and the houses.
Mechanical ventilation was also proposed to be installed in the homes to reduce the need for people to open their windows. However, officers said there was a disagreement between them and the developer on how the noise impact had been measured.
Officers said there was also an ‘agent of change concerns’, saying there was a risk of people moving into the homes and complaining about the noise at the oil depot, which could possibly lead to unreasonable restrictions placed on the business. Councillors agreed unanimously to refuse the planning application.
Developer argues homes will offer ‘satisfactory living accommodation’
The developer has now lodged an appeal to try and overturn this decision and have asked for the case to be considered at an informal hearing.
In a statement of case submitted by the developer it argued the proposed development would offer “satisfactory living accommodation” for people, which it said had been the conclusion of two independent acoustic consultants.
The developer said: “Given that the site is allocated for residential development, it must be considered possible to satisfactorily develop the site for residential development whilst also addressing noise.
“By proposing that the scheme is refused for noise related reasons, officers are essentially arguing that that allocated residential principle of development is not suitable for the site.”
The developer went on to state that “all reasonable steps” have been taken to minimise noise, including the proposed fencing. They said: “It is important to note that the site layout was designed with noise mitigation in mind. Buildings screen gardens from noise, and most plots have been moved as far from the fuel depot boundary as possible.”
The developer highlighted that the one house that is on the boundary of the depot had been designed so it would not have any windows to habitable rooms on the “worst affected facade”.
The developer also said they did not think it would be “suitable” to reduce the number of homes any further, pointing out that the proposed density is already below that proposed for the site in the local plan.
They said: “Elsewhere on the site, habitable rooms with windows on the worst affected facades generally have secondary openable windows on other facades (where overlooking and other site constraints allow).
“In any case, the dwellings will have whole house ventilation systems to achieve the required ventilation rates and thermal comfort with windows closed. It is not considered that any further meaningful mitigation could be provided given the constraints of this allocated site.”
The developer went on to say that the proposed development would offer “significant benefits”, including redeveloping a vacant brownfield site, creating a biodiversity net gain, and building new affordable homes. The city council will have an opportunity to publish its own statement of case, before a planning inspector considers the appeal.
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